Can my felony charge be expunged? 3 Answers as of July 14, 2011

State Jail (Fourth Degree) felony get dropped because the victim doesn't want to press charge. Possible for expungement. What is the waiting period?

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Aaronson Law Firm
Aaronson Law Firm | Michael Aaronson
Waiting period for expunction is that you must waited till after the "statute of limitations" passes. A felony, including a state jail felony, may not normally be expunged unless the court determines that the indictment had been returned because of false information, mistake, etc. I don't believe you would be eligible just because the complaining witness wishes not to testify.
Answer Applies to: Texas
Replied: 7/14/2011
Cynthia Henley, Lawyer
Cynthia Henley, Lawyer | Cynthia Henley
What offense? Generally if a case is dismissed upon request of the complainant, one must wait until the statute of limitations runs before the case can be expunged. The statute of limitations is dependant on the type of charge but is never less than two years on a felony.
Answer Applies to: Texas
Replied: 7/14/2011
The Law Offices of Dustan Neyland
The Law Offices of Dustan Neyland | Dustan Neyland
The waiting period on a State Jail Felony to be expunged is typically 5 years.
Answer Applies to: Texas
Replied: 7/14/2011
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